Legal Opinion

Damselle, Ltd. v. 500-512 Seventh Avenue Associates

Appellate Division of the Supreme Court of the State of New York

Decided June 18, 1992PublishedCited by 9 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Beverly Cohen, J.), entered April 4, 1991, which granted the motion of defendant Holmes Protection of New York, Inc., to vacate a default judgment on condition that its attorneys pay plaintiff $1,500, unanimously modified, on the law, the facts and in the exercise of discretion, to increase the amount to which plaintiff is entitled to $3,000, and otherwise affirmed, without costs.

In light of the strong policy favoring the determination of actions on their merits (Scott v Allstate Ins. Co., 124 AD2d 481, 484), we find no abuse of discretion in vacatur of…

2Cases cited3 opinions

  1. Scott v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
  2. Aces Mechanical Corp. v. Cohen Bros. Realty & Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  3. Massachusetts Bay Insurance v. Guardian Escrow Corp.Appellate Division of the Supreme Court of the State of New York · 1991

3Cited by9 opinions

  1. Hunter v. Enquirer/Star, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  2. Heskel's West 38th Street Corp. v. Gotham Construction Co. LLCAppellate Division of the Supreme Court of the State of New York · 2005
  3. Abramovich v. HarrisAppellate Division of the Supreme Court of the State of New York · 1996
  4. Workman v. AmatoAppellate Division of the Supreme Court of the State of New York · 1996
  5. Crawford v. PeralesAppellate Division of the Supreme Court of the State of New York · 1994

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